To give your students a solid foundation in environmental law doctrine as well as experience building their analytical skills, you can depend on this user-friendly casebook, now in its Third Edition. ENVIRONMENTAL LAW AND POLICY: Nature, Law, and Society is noted for its comprehensive legal-process approach to the depth and complexity of modern environmental law: Broad topical coverage is augmented by a reference section, including a Statutory Capsule Appendix and an annotated Glossary of Acronyms and Abbreviations. Extensive author-written explanations are reinforced by a selection of visuals, including charts, graphs, and photographs. The legal-process approach builds on a base of common law and constitutional law, then continues on to statutory and administrative law to show both the structure and the operation of the law. Statutory and regulatory materials show the various ways in which statutes address environmental problems and point out the strengths and weaknesses of each generic statutory type to ensure that student knowledge does not become obsolete as statutes and regulations change. In addition to traditional environmental law staples, the authors address hot topical areas, such as brownfielding of contaminated sites, risk assessment, regulation of toxics, hazardous materials, and discussion of the ongoing politics of environmental protection law. The casebook is accompanied by a Teacher s Manual, an annual Professor s Update, and a website with supplementary materials for adopters. Significant changes and improvements for the third edition include: Two completely new chapters: International Law as a Backdrop for Domestic Law and Cost-Benefit Procedures for Standard Setting. Expanded coverage of market-enlisting approaches and government-industry partnerships for achieving environmental quality, the debates over command-and control, and the political history of environmental law. Important new cases, including the Supreme Court s regulatory takings decisions in Palazzolo v. Rhode Island and Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, American Trucking, Norfolk & Western Ry., Laidlaw Environmental Services, Solid Waste of Northern Cook County, and Borden Ranch, plus international arbitral decisions under NAFTA, including the first successful citizen-initiated fact finding procedures in the Migratory Bird treaty Act inquiry. The retention of the look and feel of this well-established book. From the common law foundation to globalization and convergence, ENVIRONMENTAL LAW AND POLICY: Nature, Law, and Society, Third Edition, will keep your course at the forefront of the ever-developing body of environmental law.

Preface

Introduction

Basic themes in the legal process of environmental law

p. 3

Cross-cutting themes in environmental law

p. 42

The common law in modern environmental law : nonstatutory causes of action

p. 103

The special challenges of toxic tort litigation

p. 200

Power relationships between federal and state governments in environment regulation

p. 323

The administrative law of environmental law

p. 376

International agreements as domestic environmental law

p. 435

Federal agency disclosure : NEPA's stop-and-think logic, and the power of information

To give your students a solid foundation in environmental law doctrine as well as experience building their analytical skills, you can depend on this user-friendly casebook, now in its Third Edition. ENVIRONMENTAL LAW AND POLICY: Nature, Law, and Society is noted for its comprehensive legal-process approach to the depth and complexity of modern environmental law: Broad topical coverage is augmented by a reference section, including a Statutory Capsule Appendix and an annotated Glossary of Acronyms and Abbreviations. Extensive author-written explanations are reinforced by a selection of visuals, including charts, graphs, and photographs. The legal-process approach builds on a base of common law and constitutional law, then continues on to statutory and administrative law to show both the structure and the operation of the law. Statutory and regulatory materials show the various ways in which statutes address environmental problems and point out the strengths and weaknesses of each generic statutory type to ensure that student knowledge does not become obsolete as statutes and regulations change. In addition to traditional environmental law staples, the authors address hot topical areas, such as brownfielding of contaminated sites, risk assessment, regulation of toxics, hazardous materials, and discussion of the ongoing politics of environmental protection law. The casebook is accompanied by a Teacher s Manual, an annual Professor s Update, and a website with supplementary materials for adopters. Significant changes and improvements for the third edition include: Two completely new chapters: International Law as a Backdrop for Domestic Law and Cost-Benefit Procedures for Standard Setting. Expanded coverage of market-enlisting approaches and government-industry partnerships for achieving environmental quality, the debates over command-and control, and the political history of environmental law. Important new cases, including the Supreme Court s regulatory takings decisions in Palazzolo v. Rhode Island and Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, American Trucking, Norfolk & Western Ry., Laidlaw Environmental Services, Solid Waste of Northern Cook County, and Borden Ranch, plus international arbitral decisions under NAFTA, including the first successful citizen-initiated fact finding procedures in the Migratory Bird treaty Act inquiry. The retention of the look and feel of this well-established book. From the common law foundation to globalization and convergence, ENVIRONMENTAL LAW AND POLICY: Nature, Law, and Society, Third Edition, will keep your course at the forefront of the ever-developing body of environmental law.

Table of Contents

Preface

Introduction

Basic themes in the legal process of environmental law

p. 3

Cross-cutting themes in environmental law

p. 42

The common law in modern environmental law : nonstatutory causes of action

p. 103

The special challenges of toxic tort litigation

p. 200

Power relationships between federal and state governments in environment regulation

p. 323

The administrative law of environmental law

p. 376

International agreements as domestic environmental law

p. 435

Federal agency disclosure : NEPA's stop-and-think logic, and the power of information